Constitutional Crisis - Enforcement of Abrego Garcia Decision
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I write with profound concern regarding the executive branch’s apparent defiance of your unanimous ruling in the Abrego Garcia case. Your order that the administration “facilitate” Mr. Garcia’s return is being interpreted by the executive branch in a manner that renders it effectively meaningless.
The administration now claims they have no duty to arrange for his return from El Salvador, only to admit him if he somehow returns on his own - an impossibility given his detention in a Salvadoran prison. This interpretation threatens the constitutional principle that no branch of government stands above another. Further, today while in the Oval Office, the president of El Salvador indicated that he would not return Abrego Garcia. A “hot mic” also caught Mr. Trump furthering his rhetoric about sending “homegrown” individuals to this facility, and indicating that more will need to be built to handle the need. I never thought I would see the day when we would have our first American Auschwitz, but I fear that dawn is breaking on an unacceptable and horrifying chapter of our nation’s story.
When the Court speaks unanimously on a matter of law, yet the executive branch can simply redefine its obligations to avoid compliance, we face a fundamental constitutional crisis. This situation endangers not just Mr. Garcia’s rights but the integrity of our entire system of government.
I respectfully urge the Court to consider additional, more specific orders that clarify the administration’s obligations and leave no room for evasion. Could a special master be utilized to help track compliance? Can officials be held in contempt? Can Trump’s presidential immunity SCOTUS decision be revisited?
Our nation’s commitment to the rule of law - that no person, not even a president, stands above it - is being tested. The Court’s authority to interpret the law meaningfully depends on the executive branch acknowledging its duty to faithfully execute those interpretations. Lawful decisions will continue to be disobeyed.
Mr. Garcia - a husband and father with no criminal record who was deported in what the administration itself admits was an “administrative error” - deserves the protection of our laws. We all deserve this protection and due process. More broadly, our constitutional system requires all three branches to respect their co-equal roles and responsibilities.
With deep respect for the Court’s essential role in our democracy,